HomeMy WebLinkAboutR-17-0422City of Miami
Resolution R-17-0422
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2817 Final Action Date: 9/19/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING,
CONFIRMING, AND APPROVING THE CITY MANAGER'S
RECOMMENDATION AND WRITTEN FINDINGS, ATTACHED AND
INCORPORATED AS EXHIBIT "A," PURSUANT TO SECTION 18-85 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT
BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY")
FOR THE MAINTENANCE AND BEAUTIFICATION OF MARTIN LUTHER KING
BOULEVARD BY GREATER MIAMI SERVICES CORPS., A FLORIDA NOT
FOR PROFIT CORPORATION ("GREATER MIAMI"), FROM JANUARY 1, 2017
THROUGH MARCH 31, 2017; APPROVING PAYMENT TO GREATER MIAMI
FOR SAID SERVICES RENDERED WITHOUT A CONTRACT DURING THE
PERIOD FROM JANUARY 1, 2017 TO MARCH 31, 2017 AT AN AMOUNT NOT
TO EXCEED $38,611.12 WITH FUNDS ALLOCATED FROM THE SPECIAL
REVENUE FUND; FURTHER AUTHORIZING THE NEGOTIATION AND
EXECUTION OF A MODIFICATION, AMENDMENT, OR EXTENSION TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND
GREATER MIAMI AUTHORIZED BY RESOLUTION NO. 15-0535, ADOPTED
ON DECEMBER 10, 2015, TO EXTEND THE PERIOD OF PERFORMANCE TO
MARCH 31, 2017, WITH TERMS THAT ARE SATISFACTORY TO THE CITY
MANAGER AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE; AUTHORIZING RETROACTIVE PAYMENTS NOT TO
EXCEED $38,611.12 TO GREATER MIAMI FOR SERVICES PERFORMED
WITHOUT A CONTRACT.
SPONSOR(S): Commissioner Keon Hardemon
WHEREAS, on or about December 10, 2015, pursuant to Resolution No. 15-0535, the
City Commission by a four -fifths (4/5) affirmative vote and after an advertised public hearing,
ratified, confirmed, and approved the City Manager's recommendation and written findings with
reasons supporting a waiver of competitive sealed bidding methods for the maintenance and
beautification of Martin Luther King Boulevard ("MLK Blvd") ("Services") for the period of
January 1, 2016 through December 31, 2016 as not being practicable or advantageous to the
City of Miami ("City") pursuant to Section 18-85 of the Code of the City of Miami, Florida, as
amended ("City Code"); and
WHEREAS, pursuant to said waiver and subsequent ratification, the City entered into a
Professional Services Agreement ("PSA") with the Greater Miami Service Corps., a Florida not
for profit corporation ("Greater Miami"), for the Services for the period from January 1, 2016
through December 31, 2016 at an annual amount not to exceed $174,000.00 with funds
allocated from the Special Revenue Fund; and
City of Miami Page 1 of 3 File ID: 2817 (Revision:) Printed On: 3/24/2025
File ID: 2817 Enactment Number: R-17-0422
WHEREAS, there was a delay in contract execution that resulted a delay start of the
Services by Greater Miami; and
WHEREAS, Greater Miami satisfactorily performed the Services from April 1, 2016
through March 31, 2017; and
WHEREAS, Greater Miami satisfactorily performed the Services beyond the December
31, 2016 date, specifically from January 1, 2017 through March 31, 2017, without a contract;
and
WHEREAS, the three (3) month period of Services rendered was within the original
budgeted amount of $174,000.00; and
WHEREAS, pursuant to Section 18-85 of the City Code, the City Manager determined
that it is not practicable or advantageous to the City to adhere to competitive sealed bidding
methods for the Services rendered by Greater Miami from January 1, 2017 through March 31,
2017 via a written finding with reasons supporting his conclusion therein, attached hereto as
Exhibit "A" and incorporated herein, and therefore recommends waiver of competitive sealed
bidding methods for the Services provided without a contract during the period of January 1,
2017 through March 31, 2017; and
WHEREAS, said conclusion must be ratified, confirmed, and approved by the City
Commission by a four -fifths (4/5ths) affirmative vote; and
WHEREAS, a modification to the PSA is necessary to make retroactive payments to
Greater Miami for the Services rendered from January 1, 2017 through March 31, 2017; and
WHEREAS, the disbursement by the City of any amount of funds is subject, as a
condition precedent, to the negotiation and execution of a modification to the PSA satisfactory to
the City Manager, or the Manager's authorized designee, as to content and to the City Attorney
as to legal form and correctness; and
WHEREAS, if the required modification to the PSA has not been agreed upon and
executed within 90 days of the rendition of this Resolution, this matter will be brought back to
the City Commission for further action by the City Administration;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5ths) affirmative vote, the City Manager's recommendation
and written findings pursuant to Section 18-85 of the City Code, are ratified, approved, and
confirmed; the requirements for competitive sealed bidding methods are waived, as not being
practicable or advantageous to the City, for maintenance and beautification of MLK Blvd
performed during the period of January 1, 2017 through March 31, 2017; and payment for
Services performed during that period to Greater Miami in an amount not to exceed $38,611.12,
is authorized.
Section 3. Funds to be allocated from a Special Revenue Fund.
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File ID: 2817 Enactment Number: R-17-0422
Section 4. The City Manager is authorized' to negotiate and execute a modification,
amendment, or extension to the PSA that is satisfactory in content to the City Manager, or the
City Manager's authorized designee, and in a form acceptable to the City Attorney, for said
purpose.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City ttor ey 9/1/2017
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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